DIVORCE

WHAT IF ONE OF US DOESN’T WANT A DIVORCE?

There are two types of divorce, contested and uncontested

UNCONTESTED: Your divorce will be uncontested if both you and your spouse:
• Want to get a divorce
• Agree about what will happen with your children, your finances, your property after the divorce

CONTESTED: Your divorce will be contested if either you or your spouse:

• Do not want to get a divorce
• Disagree about the grounds (legal reasons) for the divorce
• Disagree about what will happen with your children, your finances, your property after the divorce

NOTE-While mediation may be considered in both cases, Hodgson Mediation currently only accepts uncontested divorces for mediation.

WHAT DO I NEED TO GET A DIVORCE IN NEW YORK STATE?

To get a divorce in New York State you must meet residency and “grounds for divorce” requirements.

Residency: Before a New York Court can give you a divorce, you need to show that you and/or your spouse have lived in New York State for a certain amount of time, without interruption, generally for one year.

Grounds: You need to have grounds – a legally acceptable reason – to get divorced in New York. That means that you need to prove one of the grounds listed below:

• Cruel and Inhuman treatment
• Abandonment
• Confinement in prison for 3 or more consecutive years
• Adultery
• Living separate and apart pursuant to a separation judgment or decree
• Living separate and apart pursuant to a separation agreement
• Irretrievable breakdown in the relationship for a period of at least 6 months (for divorce proceedings started on/after October 12, 2010) also referred to as no fault.

CAN I GET A DIVORCE IF I’M IN A SAME SEX MARRIAGE?

The short answer is yes. New York State divorce law does not differentiate between heterosexual couples and same sex couples. The concerns in a divorce such as: property division, spousal/child maintenance as well as parental residence and co-parenting plans, all apply equally to same sex couples as they would to heterosexual couples.

Cost, litigation and time apply to same sex couple attorney represented divorces as they do to heterosexual couple divorces, making a mediated divorce agreement a better option for many couples.

The MOU or Memorandum of Understanding will spell out both parties’ terms in an agreement both of you can be happy with.

DOES A MEDIATOR WRITE UP A DIVORCE DECREE?

Not exactly. Eric Hodgson is a Non-Attorney mediator and does not practice or advise on the law.
Eric will, however, help you negotiate the terms of your Memorandum of Understanding which becomes the final divorce agreement between divorcing couples in mediated divorces. Once filed with the court, after both parties have agreed and signed the document, it becomes a legal and binding contract usable in court should a breach of contract occur.

WHAT IS A MEMORANDUM OF UNDERSTANDING?

The Memorandum of Understanding, commonly referred to as the MOU, is the final document of a mediated agreement. It is the culmination of all jointly agreed to issues and terms during the mediation process, commemorated on paper.
For divorcing couples, the Memorandum of Understanding is the combination of all joint agreements reached during the mediation process and will address: property, assets and liability division, spousal and residential parent maintenance as well as other monetary agreements. If the divorce includes children then the MOU will contain a detailed parenting plan agreed to by both parents on how to move forward in regards to residence, visitation, education and healthcare of your children. 
Just as each individual in a couple has unique and individual concerns moving forward with a divorce, each Memorandum of Understanding will be different in its own way. Any issues of concern can and should be addressed in the MOU.